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Cindy Shaw Price
Cindy Shaw Price
Visitors: 42
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Bar #974706(FL)     License for 31 years
Tallahassee FL

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95-004221RU  WITHLACOOCHEE RIVER ELECTRIC COOPERATIVE, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Aug. 24, 1995
The issues for determination in this case are whether certain provisions of the 1993 Florida Utility Accommodation Manual which have been adopted by Respondent, the FLORIDA DEPARTMENT OF TRANSPORTATION, as rules by reference in Rule 14-46.001(3), Florida Administrative Code, constitute invalid exercises of delegated legislative authority. The specific provisions of the 1993 Florida Utility Accommodation Manual which are at issue include the definitions of "utility" and "utility facilities" (page 4), the "no monetary gain" provision (page 7), and the "joint use" provision (page 12). In addition, Petitioners raised an issue as to whether Respondent, FLORIDA DEPARTMENT OF TRANSPORTATION violated Section 120.535, Florida Statutes, by failing to adopt by rule certain agency requests for information from Petitioner regarding costs associated with the installation and maintenance of utility poles.Rules of Department of Transportation providing for joint use of state rights of way by utilities and for no monetary gain in use of there are valid.
95-001950  DADE TOWING AND TRANSPORTATION vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Apr. 20, 1995
The central issue in this case is whether the Petitioner is entitled to a refund on the citation issued.Petitioner not entitled to penalty refund when agency established facts of citation where vehicle exceeded gross statutory weight limit.
94-002919F  DEPARTMENT OF TRANSPORTATION vs LEAMINGTON, INC. OF FLORIDA  (1994)
Division of Administrative Hearings, Florida Filed: May 24, 1994
The issue for consideration is whether the Department of Transportation, (Department), is entitled to an award of attorney's fees and costs in these bid protest proceedings initiated by Leamington, Inc. of Florida, (Leamington), which, the Department alleges, were filed for an improper purpose.Bidder who files bid protest just to interfere with Department's bid process is responsible to pay Departmment's attorney fees and other reasonable expenses.
95-001716  BRAD OPSAHL AND JOHN G. OPSAHL, INC. vs DEPARTMENT OF TRANSPORTATION  (1995)
Division of Administrative Hearings, Florida Filed: Apr. 04, 1995
By Load Report Citation dated September 22, 1994, Petitioner cited Respondents for driving an overweight motor vehicle over a weight-limit bridge. By letter dated December 22, 1994, Respondents requested a formal hearing. At the hearing, Petitioner called two witnesses and offered into evidence five exhibits. Respondent called four witnesses and offered into evidence nine exhibits. All exhibits were admitted into evidence. No transcript was ordered. Rulings on timely filed proposed recommended orders are in the appendix.Penalty for overweight truck.
94-000790F  UNION TRUCKING, INC. vs DEPARTMENT OF TRANSPORTATION  (1994)
Division of Administrative Hearings, Florida Filed: Feb. 14, 1994
Whether or not Petitioner's original "Application (sic., Petition) for Award of Attorneys Fees Pursuant to F.S. 57.111" was untimely filed and, therefore, should be dismissed; and whether or not Respondent waived any objection to jurisdiction; and Whether or not Petitioner is entitled to an award of attorneys fees of $2,775.00 pursuant to Section 57.111, F.S.DOT not substantially justified in relying on DGS order to deny DOT MBE status; time for pet. discussed rel. f/o after jur. reliquished by DOAH.
93-004205  SUDDATH VAN LINES, INC. vs DEPARTMENT OF TRANSPORTATION  (1993)
Division of Administrative Hearings, Florida Filed: Jul. 27, 1993
The issue is whether respondent should have a penalty in the amount of $933.00 assessed for allegedly violating Section 316.545, Florida Statutes.Vehicle engaged in interstate movement of goods not subject to Florida vehicle registration requirements.

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